/t 


nt-b 


Duke  University  Libraries 

Charge  delivere 
Conf  Pam  12mo  #121 


#/i/ 


George  Washington  Flowers 
Memorial  Collection 

DUKE  UNIVERSITY  LIBRARY 


ESTABLISHED  BY  THE 

FAMILY  OF 

COLONEL  FLOWERS 


:XEY  HILL,  I 
'rate  Court  ibr  > 
:rict  uf  Texas.  ) 


GRAND  JUKY  KOOM.  Houston  FcS.  ,::iO.  1^(33. 

Hou.    WILLIAM    PINKXEY    HILL, 
Judge  of  the  Coiifeder; 
the  Easteni  Distri 

Sir  : 

I  am  requested  Ijy  the  uuauimoub  voice  of  tlu^  rirniul  Jury  of  the 
Confederrac  Court,  no^v  iu  session,  to  return  you  tlieir  respects  and 
highest  compliments  for  the  lucid  as  well  as  patriotic  charge  you  de- 
livered to  them  on  Tuesdny  last.  And  further,  as  th«^  Bentiments  and 
opinions  of  your  Honor  are  so  just,  so  timely,  so  honor.ihie  and  so  in- 
spiring, in  tiiis  day  of  uar  and  trial,  Ave  respectfully  ask  of  you  a 
copy  for  publication. 

In  closing  this  request,  allou  the  Avriter  to  subscribe  himself,  in  the 
highest  respect,  Your  humble  and  devoted  friend, 

JAS.  W.  BARNES,   Foreman,  &c. 


Houston,  February  20,  1862, 

JAMES  W.  BARNES,  Esq., 

Foreman  of  the  Grand  Jmj : 

Sir: 

Y'our  note  in  behalf  of  the  Grand  Jury,  requesting  for  publication 
a  copy  of  my  charge,  is  received,  and  I  submit  herewith  a  copy,  as 
requc'sted,  to  be  disposed  of  as  the  Grand  Jury  may  think  best  for 
the  public  interests. 

It  is,  and  will  always  bo  to  my  mind,  a  cause  of  gratification,  that 
the  spirit  and  sentiments  of  my  charge  meet  the  approval  of  a  body 
of  citizens  so  intelligent,  patriotic  and  honorable  as  your  official  body. 
I  feel  assured  that  in  your  hands  the  rights  of  the  Government  and 
the  citizen  alike  are  safe,  and  that  from  you  the  Government  and  the 
country  will  receive  most  valuable  aid  in  the  administration  of  the 
laws. 

Be  pleased  to  assure  the  Grand  Jury  of  my  high  regards,  and 
r.ccept  for  yourself,  dear  sir,  the  assurance  of  my  cordial  esteem  and 
friendship.  With  great  respect, 

Y^our  obedient  servant, 

W\M.  PINKNEY  HILL. 


ij,  l^' 


GE.N'TLKMrX  OF  THE  GrAXD  JuRY  : 


On  this  occasion,  it  is  proper  to  notice  the  interesting  fact,  that 
yesterday,  Ava.s  th<?  first  clay  of  the  existence  of  the  Permanent  Gov- 
ernment of  the  Gonfederate  States  of  America.  On  j^Ionday,  the 
record  of  the  Provisional  Government  was  made  np  and  closed  for- 
ever. Tlie  fncts  and  events  of  its  origin  and  its  career,  beyond  all  pre4 
cedence,  beyond  all  comparison,  constitute  one  the  most  interesting 
and  instructive  chapters  in  the  history  of  human  affairs.  Contempla- 
ting its  nioral,  int(^llectual  and  political  elements,  and  the  results  they 
have  combined  to  achieve,  it  has  measured  off,  in  one  year,  the  most 
splendid  segmeiit  of  the  cycle  of  time.  But  though  its  organization  has 
ceased,  it  will  not  be  a  lost  Pleiad  from  the  political  heavens.  From 
its  zenith  in  the  Southern  hemisphere,  it  will  still  shine,  pointing  the 
true  course,  and  lighting  up  the  way  byAvhich  we  are  safely  and  tri- 
uraphantly  to  p^ss  through  the  sea  of  our  troubles — now  so  vexed,  and 
raging  with  the  tempest. 

On  yesterday,  the  Congress  of  the  Confederate  States  of  America 
comnnmced  its  first  session  imder  the  permanent  Constitution.  Ought 
we  not  to  congratulate  each  other  on  this  auspicious  event,  and  to  re- 
new our  faith  and  courage  in  the  success  and  glory  of  our  cause  and  coun- 
try ?  Thus  far  we  have  stood  alone.  Thus  far  we  have  wrought  our 
salvation,  unaided  by  the  resources  of  any  other  nation  of  people. 
Commencing  without  a  dollar — the  Avealth  and  liberality  of  our  own 
citizens  have  created  and  replenished  our  Treasury — and,  for  the  first 
time  in  the  history  of  nations,  a  new  Government  finds  an  unshaken 
basis  of  credit,  and  ample  supplies  for  its  wants,  in  the  confidence, 
patriotism  and  resources  of  its  people. 

Commencing  without  an  army,  our  own  people,  at  the  first  call  of 
their  country,  from  all  classes  and  pursuits,  gathered  in  mighty  iK'Sts, 
and  have  formed  and  maintained  an  invincible  army.  We  have  asked 
no  boon,  and  accepted  no  aid  from  any  other  Government  or  people. 
It  is  true  we  have  asked  admittance  into  the  family  of  nations,  not  as 
a  boon  to  us,  but  as  a  right,  won  by  our  own  valor  and  v/isdom.  We 
have  asked  it  with  a  power  of  argument  and  a  prestige  of  facts, 
greater  than  were  ever  before  required  to  open  the  door  for  the  admis- 
sion of  a  new  and  struggling  Government  into  the  national  family. 
With  ten  millions  of  population — not  burpassed  for  intelligence  and 
moral  worth,  and  living  under  a  Constitution,  the  model  of  a  free  and 
popular  Government,  and  inhabiting  a  vast  territory,  rich,  varied,  an  d 
delightful  in  soil  and  climate,  with  productions  that  annually  furnish 
forth  to  millions  in  other  lands  the  material  of  industry  and  trade,  by 
which  their  hungry  are  fed  and  their  naked  are  clothed,  and  all  the 
element  of  their  commerce  and  prosperity  are  vitalized  and  sustained, 
and  which  can  be  obtained  from  no  other  clime  or  people ;  with  all 
this,  we  are  yet  unrecognized  as  a  nation.  But  we  have  not  asked  for 
recognition,  only  because  of  our  population,  our  territory,  and  our 
productions.     We  have  maintained  peace  and  security  to  our  homes, 


^H-51b^ 


we  have  kept  in  motion,  liarmonioiisljantl  effectively,  all  the  inncliinery 
of  Government  and  of  civil  and  of  social  life  ;  we  Iiavc  met  our  boastful 
enemy  upon  the  border,  and  tried  with  him  the  Moody  conclusions  of 
battle.  By  deeds  of  valor,  by  victory,  v/on  alonp;  that  border,  from  the 
Atlantic  to  the  Ivlissouri,  by  the  display  in  tlie  cabinet  and  in  the  lield, 
of  all  those  qualities  which  make  a  nation  great  and  a  peojde  free 
fnd  prosperous,  we  have  become  entitled  to  demand  an  equal  place 
among  the  nations  of  the  earth.  It  ma}^  be  that  foreign  diplomacy 
and  European  complications  have  postponed  this  act  of  justice  to  us, 
until  tlie  events  of  yesterday  and  a  few  suceeding  days  shall  put  into 
operation  our  permanent  Government.  If  so,  this  period  is  looked  to, 
from  the  ends  of  the  earth,  to  inaugurate  new  and  important  relations 
for  us,  and  a  new  era  in  the  business  and  commerce  of  the  world. 

It  is  true,  that  these  considerations  do  not  bear  directly  upon  your 
practical  duties  as  Grand  Jurors.  But  as  citizens  you  arc?  deeply  in- 
volved in  the  plot,  the  action  and  the  results  of  this  great  drama.  As 
the  Grand  Inquest  of  the  nation  for  this  District,  and  about  to  engage 
in  the  administration  of  one  of  the  Departments  of  the  Government, 
it  is  becoming  for  you,  as  citizens  and  in  your  oQicial  capacity,  to  con- 
sider the  history,  the  proRpcets  and  the  condition  of  your  country,  and 
tliat  you  realize  your  important  connection  with  public  affairs.  The 
duties,  devolved  upon  you  at  this  icrm,  are,  principally,  such  as  grow 
out  of  the  legislation  rendered  necessary  by  the  events  of  the  war, 
and  are  directly  referable  to  the  policy  of  the  Government  in  the  con- 
duct of  the  v/ar.  I  entrera.  you  to  be  impressed  with  the  thought,  that 
you  are  empanneled  to-day — not  in  the  ordinaiy  course  of  judicial 
administration — but  in  obedience  to  a  call  made  upon  you  by  your 
country  to  assist  her  in  -the  impending  contest  for  life,  freedom  and 
property.  The  necessity,  policy  and  consequences  of  the  sequestration 
law,  about  which  your  inquiries  will  be  mainly  employed,  aro  not  to  bo 
considered  by  you  in  your  official  character.  To  you  is  assigned  a 
delicate  and  responsible  part  in  its  administration  and  enforcement. 
I  am  truly  desirous  of  aiding  your  investigations,  by  giving  you  all 
necessary  instructions,  and  referring  you,  again,  to  the  printed  charge 
Avhich  will  be  handed  to  you,  I  v/iil,  in  addition,  invite  your  attention 
to  the  following  clause  in  the  instructions  of  the  Attorney  General : — 

"  All  persons,  ( are  alien  enemies )  who  have  a  domicil  Avithin  the 
States  with  which  this  Government  is  at  war,  no  matter  whether  they 
be  citizens  or  not.  "  No  doubt  cases  will  come  before  you,  in  which 
the  material  inquiry  will  be,  v/hetlier  certain  persons  are  alien  enemies. 
To  deter)nine  this  inquiry  properly,  it  Avill  become  essential  to  find  the 
^OiTi/c/^  of  such  persons.  To  do  this,  you  must  be  instructed  in  the 
true  definition  of  the  term  domicil.  In  all  codes  of  law,  ancient  and 
modern,  and  by  many  law  writers  of  eminent  ability,  this  term  has  been 
defined,  but  there  is  no  enumeration  of  the  ingredients  which  constitute 
domicil,  in  which  there  is  universal  agre(>ment ;  and,  in  some  respects, 
iliere  are  material  differences  in  the  definition. 


21 

There  are,  however,  a  f;nv  propositions  wlilch  are  ^eiierrlly  nct-ep'oxl 
as  jiostidates,  and  are  not  required  to  be  supported  by  reasoni;)^  or  by 
authority. 

Every  person  must  have  a  domicil  Sv^mewhere.  A  person  can  jiavo 
but  one  domicil  at  one  and  tlie  same  time.  Fact  and  ifite??t  must  concur 
to  constitute  domicil — tliat  is  to  sr.y — residence  and  the  inteniion  of 
making-  it  the  home  of  the  pra-ty. 

Applying  these  tests  to  each  particular  case,  the  questions  tliey  in- 
volve may,  most  generally,  be  correctly  solved. 

A  sim.ple  and  comprehensive  detinition  is  as  follows  :  "  That  place  is 
properly  the  6?c>»7?«?r//of  a  person  in  which  his  habitation  or  residence 
is  fixed,  without  any  present  intention  of  removing  therefrom.  " 

In  the  Roman  law,  is  the  following  admirable  deiinition  :  *'  rhore  is 
no  doubt  that  every  person  has  his  domicil  in  that  jdace  which  lie  makes 
his  family  residence,  and  principal  place  of  his  business  ;  from  which 
he  is  not  about  to  depart  unless  some  business  requires;  when  he  leaves 
it  he  deems  himself  a  wanderer  ;  and  when  he  returns  to  it  he  deems 
himself  no  longer  abroad."  It  is  said  that  "it  is  sometimes  a  matter 
of  no  small  diHiculty  to  decide  in  what  place  a  person  has  his  true  or 
proper  domicil.  His  residence  is  often  of  a  very  equivocal  nature  ;  and 
his  intention  r>3  to  tliat  residence  is  often  still  more  obscure.  Both  are 
sometimes  to  be  gathered  from  yiight  circumstancfs  of  mere  presump- 
tion, and  from  equivocal  and  conflicting  ^'cts.  "  All  the  facts  and  cir- 
cumstance tending  to  shovr  that  a  man  has  his  home  or  domicil  in  one 
place,  and  all  the  facts  and  circumstances  tending  to  establish  it  in  an- 
other place,  are  to  be  considered  and  weighed  against  eachoiher-lhus  in- 
volving a  comparison  of  proofs.  But  there  are  soma  facts  which  the 
law  deems  decisive  unless  controlled  and  counteracted  by  other  facts, 
of  more  power  and  efiect.  To  illustrate  this  : — The  place  where  a  person 
lives,  is 7y?'m<c'y<7c-!>,  to  be  tahen  as  his  domicil.  Or,  the  place  where 
a  married  man's  family  resides  is  generally  to  be  deemed  his  domicil. 
But  (his  presumption  may  be  counteracted  by  showing  that  the  resi- 
dence of  the  party  or  of  his  f\imily,  at  a  particular  place,  is  only  tempo- 
rary, for  transient  business  purposes  and  objects,  or  for  pleasure,  or  for 
health,  and  that,  therefore,  such  place  is  not  his  domiril. 

Again  :  If  a  person  leaves  his  former  home,  and  takes  up  his  abode 
a(t  another  place,  it  raises  the  presumption  of  an  abandonment  of  the 
old  domicil.  But  if  it  is  proven  that  this  absence  is  only  for  temporary 
purposes,  but  Avith  an  intention  to  return  when  the  purposes  of  this 
absence  are  accomplished,  there  is  no  abandonment  of  the  old  domicil. 

Another  illustration:  A  person  may  leave  his  old  domicil  and  re- 
move to  another  place  for  temporary  purposes,  with  the  honajide  in- 
tention of  returning,  but  he  may  afterwards  change  his  mind  and  de- 
termine to  remain  at  his  \\^^\^  place  of  inhabitancy — thus  engrafting 
upon  an  inhabitancy  originally  taken  for  special  and  temporary  purpo- 
ses, an  intention  of  permanent  residence.  In  such  a  case  the  domicil  is 
fixed  at  the  new  place  of  residence  as  soon  as  the  intention  of  returning 
is  abandoned* 


^^-ti-f^^^ 


22 

Ag.iiu  :  To  pres.'i  ve  tlio  domicil,  a  persoi)  Itavinj^  it  inut;t  liave  a  per- 
sistent, certain  and  definite  and  continvirrr  intention  of  retnrnin<i:  to  in 
For,  if  lie  actii-illy  renio\<'s  to  another  place,  with  an  iulention  to  remait. 
there  an  indefinite  time,  and  as  »place  of  'ayi^iX present  domicil,  with  only 
a  floatin_£^,  contiiig-ent  intention  to  return  at  some  future  and  indefinite'' 
period,  then  his  ehanj^e  of  doinicil  is  complete.  A  pert^on  may  intend 
to  remove  and  acquire  a  new  domicil,  but  unless  he  actually  removes, 
his  intention  has  no  effect.  On  the  contrary,  his  actual  removal,  as 
explained,  without  the  intention  of  abandoning-  the  old  and  actjuiriuo;' 
the  new  domicil,  is  equally  without  effect.  The  domicil  of  the  husband 
is  the  domicil  of  the  wife,  and  that  of  the  pa/ents  is  the  domicil  of  the 
inf.mt  children. 

With  these  principles  and  rules  of  laAv  t^  enli<;hten  tlie  path  of  in- 
quiry, you  will,  1  trust,  be  able  to  soh  e  the  comidieations  of  each  case 
that  may  come  b<'fore  you,  and  to  arrive  at  just  and  true  results. 

The  postulate  that  a  person  can  have  but  one  domicil  at  one  and 
the  sam.e  time,  acquires  new  and  peculiar  point  and  force,  from  the 
existing  war  between  the  Confederate  and  United  States.  No  person 
can  have  a  domicil  in  the  Confederate  States  and  also  in  the  United 
States.  He  that  is  not  for  us  is  against  us.  There  must  be  no  mys- 
tery or  doubt  now  about  any  man's  domicil  or  allegiance.  When  the 
first  gun  sounded  to  the  startled  world,  the  tremendous  fact  that  the 
Union  was  dissolved — that  tlic  avgumerit  of  more  than  thirty  years 
was  exhausted — and  that  States,  foi-morly  in  union  and  peace,  were 
now  separate  nations,  about  to  engage  in  the  terrible  conliicts  of  war,  it 
ir  IS  the  duty  of  every  man  to  stand  to  his  arms,  on  one  or  the  otlier  side. 
At  once,  the  law  drew  between  the  people  of  the  two  nations  a  line  of 
division,  and  established  for  each  tlio  status  of  hostility.  After  war 
was  inaugurated,  no  person  could  continue  in  the  United  States  unless 
kept  there  by  constraint,  or  his  continnanco  there  was  involuntary, 
and  avoid  at  least  the  suspicion  of  having  his  domicil  in  the  United 
States,  and  of  being  an  alien  enemy  io  the  Confederate  States.  If  he 
desired  to  establish  or  to  retain  his  domicil  or  citizenship  here,  and  to 
prevent  the  status  of  alien  enemy  being  charged  against  him,  it  was  his 
duty,  as  soon  as  he  reasonably  could  do  so,  to  come  into  the  Confede- 
rate States  and  bear  his  share  of  tiie  burdens,  and  take  his  chances  of 
the  perils  of  this  war.  The  point  of  time  at  which  your  inquiries  must 
begin  is  fixed  by  the  law,  and  is  the  21st  of  May,  18G1.  All  who 
were  alien  enemies  at  that  date  or  since,  having  property  or  debts 
owing  to  them  in  the  Confederate  States,  are  within  the  provisions  of 
the  Sequestration  Law.  Does  it  come  to  your  knowledge  that  a  person 
was,  under  the  rules  laid  down,  domiciliated  in  the  United  States  on  the 
21stgof  May  last,  or  since,  and  has  property  or  debts  within  your 
jurisdiction  %  It  is  your  duty  to  inquire  into  and  report  as  to  sucli 
property  or  debts.  If  he  continued  there  for  private  business,  plea- 
sure or  convenience,  without  the  consent  of  the  Confederate  Govern- 
ment, or  to  prevent  the  confiscation  of  his  property  in  the  United 
States,  or  in  any  manner  to  claim  tbe  protection  and  benefit  of  its  laws, 


^2 

tlie  presumption  olNloinicii  there  and  ofbeing  nn  alien  enemy  is  cc^rtainly 
stroni:  against  liim.  'Many  facts  wliicli,  in  time  of  ])eace,  would  coun- 
teract the  presumption  of  domicil,  lose  much  of  their  force  in  time  of 
•war,  because  of  the  new  relations  assumed  and  the  new  and  imperative 
duties  imposed  by  a  state  of  war.  In  time  of  peace  a  person  may  ^o 
where  he  pleases— consult  his  convenience  or  liis  jjleasun; — tarry  h)n<^ 
or  short  in  foreig-n  lands,  and  may  easily  shoM'  that  all  this  is  consistent 
with  a  continuing  domicil  and  citizensliip  here,  l^ut  if,  Avithout  the 
consent  of  his  Government,  in  time  of  Avar,  when  the  country  requires 
every  man  to  do  his  duty,  he  voluntarily  remains  away  from  his  post, 
and  remains,  too,  in  the  country  of  the  enemy,  he  may  find  it  exceed- 
ingly difficult  tu  explain  why  he  shall  not  be  d^-alt  Avith  as  an  alien 
enemy.  To  say  of  a  person  residing  in  the  United  States,  that  he  is 
friendly  to  our  cause  and  wisiies  our  success,  does  not  relieve  him 
from  the  character  of  an  alien  enemy.  To  say  that  he  is  not  acitizen  of 
the  United  8t;ites,  but  only  residing  there,  Avill  not  chang«^  this  legal 
status.  He  may  be  a  I'oreigner- — say  an  Knglishman  or  Frenchman — 
Avho  never  intends  to  claim  citizenship  tliere,  but  if  he  is  dojnicilcd'in 
the  United  .States,  he  is  an  alien  enemy,  and  his  pro])eity  in  the  Con- 
federate States  IS  subject  to  sequestration. 

It  may  be  that  some  persons  are  domiciled  in  the  I'nited  States 
,>vlio  are  earnest,  ardent  well-wishers  to  us,  and  Avould  rejoice  to  know 
that  AV(;  had  triumphed  in  the  contest,  and  Avho  may  have  a  fixed  or  a 
floating  intention  to  remove  to  tln^  Confederate  States  Avhen  the  Avar  is 
end(>d.  and  the  time  of  singing  birds  has  come  again;  and  if  this  be 
so,  and  it  Avas  all  proven  conclusively,  it  would  still  leave  them  in  the 
condition  of  alien  enemies. 

Still  another  class  of  ])ersons  may  come  to  your  knowledge  :  that  of 
those  Avho  Avcre  here  on  the  21si  of  May  last,  but  avIio  sul)sequently 
abandoned  the  Confederate  States  and  removed  their  domicil  to  th(! 
I'nited  States.  If  such  there  are,  they  are  not  the  less  alien  enemies, 
because  they  A^er(.'  once  citizens  of  the  Confederate  States. 

If  you  find  property  and  debts  within  your  jurisdiction  belonging 
to  persons  who  Avere,  on  the  21st  of  May  last,  alien  enemies  accor- 
ding to  the  rules  and  principles  before  stated,  but  Avho  have  since  that 
time  removed  to  the  Confederate  States,  their  property  is  subject  to 
your  inquiry  and  report ;  and  the  opportunity  Avill  be  given  tliem  to 
shoAV  Avhy  judgment  of  sequestration  shall  not  be  rendered  against 
their  property.  *  #  #  #  ^^^^j  jj^  ^j^jg  connection,  it 
is  Avell  to  remark,  that  if  any  person  Avas  domiciliated  in  the  United 
States  on  the  21st  of  May  last,  or  since  that  time,  and  Avas  then  an  alien 
enemy,  and  afterwards  r<'mov<3d  into  the  Confederate  States,  for  the 
purpose  of  thereby  shielding  his  property,  from  the  consequence  of 
being  an  alien  enemy,  such  removal  does  not  protect  his  property 
from  sequestration. 

It  is  to  be  observed,  that  the  status  of  the  person,  as  to  his  domicil 
is  the  test  of  the  liability  of  his  property  to  sequestration.  He  must 
be,  not  only  an  enemy,  but  an  alien  enemy.     The  property  of  a  domes- 


tic  orehizen  iMiemy,  if  any  snch  then*-  be.  is  not  by  reason  of  his  ho?- 
tility  to  tlio  Gov(n-iiin('iit,  subject  to  si'uiR'stration  s(j  long  as  he  is  domi- 
ciliitcfl,  or  has  liis  home  ainoiia;  us.  He  may  be  guilty  of  treason,  and 
punished  ibrit,  ])ut  his  jjroperty  is  not  tlien-for  to  be  contiscatcd  under 
this  law.  The  abddc  or  domicil  of  the  party  determines  the  question 
of  alienage,  and  the  luvr  estai)lishes  his  character  as  an  c//?/tr//,  as  .'i 
corollary  from  the  fact  of  his  being  an  alien  resident  in  the  United 
States.  ]3y  the  lav.'  of  nations,  it  is  a  necessary  but  terrible  conse- 
quence of  the  war,  tliat  every  man,  woman  and  child  in  the  United 
tStates  is  th(^  emiuy  of  every  man,  woman  and  child  in  the  Confeder- 
ate States.  Fix  his  domicil  there,  and  friendship,  affection  and  kin- 
ship can  interj)ose  no  shield  against  this  law.  If  you  cannot  iix  the 
domicil  there,  the  propertA'is  safe  from  the  law. 

liut,  gentlemen,  while  you  must  not  spare  alien  enemies — while 
tlu'ir  property  must  be  sequestrated  for  the  beneiicent  and  just  j)ur- 
poses  of  the  law,  you  are  instructed  to  exc^rcisc  great  care  and  cauiion 
111  your  inquiries  and  conclusions  as  to  the  fact  of  alien  I'liemyship  in 
every  case  where  doubts  are  to  be  solved..  In  some  cases  there  may 
be  conflicting  facts  ;  a  good  citizen  may  have  become  entangled  in  a 
net  of  circumstances,  that,  without  due  investigation,  would  Iix  upon 
liim  the  infamy  of  infidcdity  to  his  country  ;  but  when  explained, 
would  leave  his  patriotism  untarnished.  The  citizen  is  as  much  enti- 
tled to  exemption  from  the  operation  of  the  law,  as  is  an  nliini  enemy 
to  be  puisued  with  all  the  energy  and  eiFect  of  its  provisions. 

It  is  important  to  consider,  that  the  mere  fact  of  l)eing  in  the  United 
States  on  the  21st  of  May  last,  or  since  that  time,  does  not  in  itself 
constitute  a  ptn-sou  an  alien  enemy.  But  in  addition  to  that,  the  inten- 
tion to  remain  there  must  exist.  In  ascertaining  the  intention  of  the  party 
as  to  his  continuing  permanently  there,  you  may  give  much  weight 
to  the.  consideration  that  he  continues  there  voluntarily  and  without 
constraint,  when  it  is  the  duty  of  every  citizen  of  the  Confederate 
States  to  be  at  hom*.^. ;  but  in  every  case  you  ought  to  consider  every 
fact  and  circumstiince  that  may  come  to  your  knowledge,  as  well  for 
him  as  against  him  ;  and  from  the  whole  case,  you  must  decide 
whether  his  domicil.  is  in  the  Unitt^d  States,  or  in  the  Confederate 
States.  Having  determined  this  question,  if  against  him,  the  law 
makes  him  an  alien  eiK'iny,  and  you  will  proceed  to  inquire  into  and 
report  his  property.  Length  of  residence  in  the  United  States  is  not 
material,  except  as  a  fact  tending  to  show  the  hdcntion  of  the  })arty. 
We  morereadily  infer  an  intention  ofdomiciliation  from  a  long  continued 
than  from  a  short  residence.  We  more  readily  mfer  it  in  time  of  war, 
than  in  time  of  peace.  An  inhabitancy  of  one  day,  coupled  with  the 
intention  to  make  it  the  home  of  the  party,  oven  for  an  indefinite  time, 
at  once  fixes  the  domicil. 

Of  course,  as  to  tliat  large  class  of  cases,  in  which  there  is  no  doubt 
or  question  as  to  the  domicil  of  a  })arty,  you  can  have  no  difficulty. 

W.  P.  HILL, 


Hollinger  Corp. 
pH8.5 


